Unrepresented Asylum Seekers Project 30 May 2016 Community Legal Centres Queensland Conference Bruce Wells Principal Solicitor

2 Why was it necessary? UAS Project established to provide free legal assistance to unrepresented asylum seekers who arrived in Australia by boat and who will not be provided with government-funded legal assistance Historically, there had been bi-partisan support for Commonwealth IAAAS scheme Funded CLCs and others to provide visa application advice and assistance Continues for applicants who arrived in Australia with a valid visa No Commonwealth funding for those who arrive without a visa (whether by air or sea) Estimated savings: $100 million over four years No estimate of costs of establishing new processing system and loss of efficiency due to unrepresented applicants

3 UAS Project is entirely funded by private donations from within the community Private funding currently only covers a full time lawyer 2 days per week plus support staff (up to 30 June 2016) It relies on assistance from volunteer solicitors and migration agents to interview clients and prepare statutory declarations

4 Scale of the task – 30,000 unrepresented, non-IAAAS eligible asylum seekers Australia-wide (the legacy caseload) Estimated 3,200 of those living in Queensland Clients can apply for a Temporary Protection Visa (TPV) or a Safe Haven Enterprise Visa (SHEV) – each requires assessment of the applicant’s protection claims SHEV expansion – 22 March 2016, Premier Palaszczuk announced Queensland would opt-in to the SHEV arrangements, but regional areas not yet designated

5 Of the 30,000 – Approx arrived prior to the new fast-track review system (prior to 13 August 2012) – DIBP has completed primary processing for almost all of those. They are now either: assessed as invoking protection obligations; at AAT for merits review; finally determined (double negative); or seeking judicial review.

6 Of remaining 24,000 – Half have had the bar lifted by the Minister (discretion to be exercised personally) 9000 have then received their invitation letters Over 4000 applications received by DIBP For Queensland (proportionately) – Total: 2500 Invited to apply: 950 UAS has assisted nearly 250 clients so far

7 Currently – DIBP accelerating rate of issuing invitations – only began in earnest late last year UAS has a waiting list – two months currently Extensions being granted but DIBP is committed to having these applications finally determined by end 2018, so not infinite patience

8 Issues/challenges– Interpreters – greatest cost Training and support for inexperienced volunteer lawyers Effective cross-cultural communication Refugee and Complementary Protection criteria DIBP policy priorities Client accessibility – nights only Managing expectations

9 Community Network Romero Centre assists with FOI applications Indooroopilly Uniting Church assists with form filling RAILS UAS assists with statement preparation RAILS EAS available (very limited capacity) if client wants individual immigration advice Client then lodges valid application with assistance from Status Resolution Support Services (SRSS) provider (settlement services – MDA; ACCESS; Red Cross etc.) Co-ordination – Asylum Seeker Legal Working Group Monthly stakeholder meetings at RAILS

10 UAS Procedure Volunteers will advise their availability for an evening session on VolSpot RAILS paralegals will arrange appointments for clients and advise volunteer Priority is given to people who have received DIBP invitation Volunteer gets country information prior to the appointment Volunteer sees one client per session, often two or more appointments Prior to the appointment, client is advised of the purpose of the appointment, and the definition of refugee Telephone interpreters are pre-booked Co-ordinator has reviewed available DIBP file (eg. entry interview; mental health information) and briefs volunteer on arrival Volunteers are provided with a preliminary script, and template stat dec questions The draft stat dec is considered by the Coordinator Once complete, stat dec is read back to the client for confirmation and/or amendment